Case Digest (G.R. No. L-41008)
Facts:
People of the Philippines v. Arturo Pecato, et al., G.R. No. L-41008, June 18, 1987, the Supreme Court En Banc, Sarmiento, J., writing for the Court.The Information, filed February 16, 1972 by the 1st Assistant Provincial Fiscal of Surigao del Norte, charged Arturo Pecato, Felix Pecato, Victoriano Leyros, and Ereneo Peruda with robbery with homicide (Article 294, Revised Penal Code) allegedly committed on November 1, 1971 in Gigaquit, Surigao del Norte. The four were accused of entering the Larong residence at night, robbing Felix and Luciana Larong of P350.00, shooting and killing Felix Larong, and severely mauling their daughter Uldarica Larong. The Information alleged numerous aggravating circumstances including treachery, disregard of rank, in band, abuse of superior strength, and nighttime.
Of the four named, Arturo, Felix and Ereneo were arrested; Victoriano Leyros went into hiding and remained at large. The three were arraigned on February 18, 1974 and pleaded not guilty. Before trial, Arturo Pecato died on June 23, 1974 and his criminal liability was extinguished; the trial proceeded against Felix Pecato and Ereneo Peruda.
At trial the prosecution produced five witnesses (investigating policemen, the municipal judge who conducted the preliminary examination, the municipal chief of police, a medical witness explaining the autopsy, and victim-witness Uldarica Larong); the deposition of widow Luciana Larong was also admitted. The victims positively identified the four assailants at the police investigation, preliminary hearing, and trial; they testified there was a lighted kerosene lamp inside the house, the assailants were not masked, and the accused were known to them as relatives. The police arrested Arturo and Felix at their homes on November 2, 1971 and Ereneo on November 3, 1971.
The defense offered alibi evidence. Felix Pecato testified he remained at home that night, sick with fever, and was tended by family; his mother Vicenta Pelajes Pecato corroborated. Ereneo Peruda testified he was at home attending a small feast and retired about 11 p.m.; defense witnesses Felicidario Bayla and Daniel Latorre corroborated that Ereneo stayed the whole night in his house. The defense also presented witnesses who suggested the Larongs might harbor ill-will toward the Pecatos (the so-called “bad blood”), and alleged ill-treatment of the accused in custody.
The Court of First Instance, Surigao del Norte (Branch II), issued a 109‑page decision dated February 4, 1975 finding Felix Pecato and Ereneo Peruda guilty beyond reasonable doubt of robbery with violence against or intimidation of persons (Article 294), aggravating circumstances as alleged (treachery, disregard of rank, in band, abuse of superior strength, nighttime), and sentenced them to death, ordered indemnity of P12,000 to the heirs, costs, and forfeiture of the shotgun. The trial court ordered the case archived as to Leyros who was at large.
Under automatic review (a capital case), the Supreme Court reviewed the record. After considering the eyewitness identifications, the alibi evidence, the proximity of the accused to the crime scene (short trek), medical evidence of fatal shotgun wounds, and precedents on identity and alibi, the Court affirmed the conviction. It found treach...(Pro-only)
Issues:
- Was the conviction of Felix Pecato and Ereneo Peruda supported beyond reasonable doubt, i.e., did the positive identifications of the victims outweigh the alibi defenses?
- Were the aggravating circumstances properly found and was the penalty properly imposed?
- Is the aggravating circumstance of disregard of rank applic...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)